Summary
The applicant, a 61-year-old defense contractor, faced financial difficulties under Guideline F due to her husband's serious injury and subsequent loss of income. Despite multiple overdue debts, the applicant demonstrated a good faith effort to resolve her financial issues, leading to a favorable decision granting her security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: This overdue debt is cited in the SOR for a medical account in the amount of $143 (1.a). This overdue debt is cited in the SOR for a medical account in the amount of $145 (1.b). This overdue debt is cited in the SOR for a collection account in the amount of $2,968 (1.c). This overdue debt is cited in the SOR for a charged-off account in the amount of $5,549 (1.d). This overdue debt is cited in the SOR for a charged-off account in the amount of $1,525 (1.e). This overdue debt is cited in the SOR for a charged-off account in the amount of $4,274 (1.f). This overdue debt is cited in the SOR for a past-due account in the amount of $332 (1.g). This overdue debt is cited in the SOR for a collection account in the amount of $736 (1.h). This overdue debt is cited in the SOR for a collection account in the amount of $4,934 (1.i). This overdue debt is cited in the SOR for a medical account placed in a collection account in the amount of $265 (1.j). This overdue debt is cited in the SOR for a medical account in the amount of $250 (1.k). This overdue debt is cited in the SOR for a medical account in the amount of $162 (1.l). This overdue debt is cited in the SOR for a medical account in the amount of $95 (1.m). This overdue debt is cited in the SOR for a medical account in the amount of $54 (1.n).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d). The decision turned on the following: The applicant resolved multiple overdue debts listed in the SOR, demonstrating financial responsibility; The applicant's financial difficulties were largely due to her husband's serious injury and loss of income, which were beyond her control; The applicant provided evidence of a good faith effort to dispute and resolve debts.
Why the Applicant Prevailed
- The applicant resolved multiple overdue debts listed in the SOR, demonstrating financial responsibility.
- The applicant's financial difficulties were largely due to her husband's serious injury and loss of income, which were beyond her control.
- The applicant provided evidence of a good faith effort to dispute and resolve debts.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(d)appliedInitiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 1, 2014
- Answer filedSep 3, 2014
- Hearing heldNov 14, 2014
- Decision dateFeb 17, 2015
Cite For
- Mitigating Conditions Under Guideline F Due to Financial Difficulties Caused by Circumstances Beyond Control
- Good Faith Efforts to Resolve Debts as a Basis for Granting Security Clearance
- Whole-person Concept Applied in Financial Consideration Cases